May 19, 2019 at 11:38 am #116881LCFgalParticipant
Hello all, I realize this is a legal question for an attorney however I am wondering if anyone here has been in a similar situation and could provide input?
When my family member divorced, the children were small and in their agreement it states whomever would want “private school” would be the one to pay for it. Later, child diagnosed with ADD and due to lack of parental educational participation from ex, my family member has had to place child in private school (had to as child bottomed out – below grade level etc). This is a special school for children with learning issues.
Ex refuses to acknowledge, participate in, nor fund the child’s educational needs. “Public school is fine” is position taken. This is causing great financial hardship on my family member. Affording legal fees on top of the school tuition is making this seem unsolvable.
It is hard to imagine a parent abandoning their child’s educational needs but that is the case here. Can a parent be compelled by the courts to pay for special school? (State is Florida)
Thank for any input in advance.
May 24, 2019 at 9:02 am #117039Dr. EricParticipant
I don’t see a resolution without battling it out with lawyers.
Defining “had to place child in private school” in a way that is not a personal preference of the person placing is going to be a real longshot.
Generally speaking, if it was legally necessary due to a disability, the IEP team would compel a public institution to fund it. If that is not the case, it would be considered personal preference in my experience.
If you browse this forum, there are a lot of conversations about the benefits of private (customer service, rigor, etc.) versus public (more legal rights, cannot kick out if skills are low, etc.).
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